Prophetstown anti-abortion activist seeks to plead no contest to attempted arson

URBANA – A Prophetstown anti-abortion activist indicted in federal court for trying to burn down a clinic in Danville where abortions will be performed, because of his “religious beliefs,” wants to plead no contest, court records show.

That means Philip J. Buyno, 73, intends to accept conviction without admitting his guilt.

The prosecution, however, appears not to be inclined to accept the plea.

Although acceptance of a plea of no contest is up to the judge, before a decision is made, according to the rules of criminal procedure, “the court must consider the parties’ views and the public interest in the effective administration of justice.”

U.S. Central District Court Judge Colin Stirling Bruce, therefore, ordered the prosecution to respond to Buyno’s request within 14 days, making a response due on or before Wednesday.

In the meantime, a status hearing is set for Aug. 28 and a jury trial for Sept. 12.

Buyno was indicted June 6 on one count of attempted arson, which carries five to 20 years in prison. There is no parole in the federal system.

He is in the custody of the U.S. Marshal’s Service while his case proceeds.

According to Buyno’s petition in which he asks to be allowed to plead nolo contendere, or no contest, that was filed July 25 by his appointed attorney, Sharbel A. Rantisi of Peoria:

“The defendant is charged with attempting to burn down a building that was being constructed as a future location for an abortion clinic ... defendant has accepted responsibility and admitted his involvement in the charged conduct during his post-arrest interview.

“At no point has the defendant denied what is alleged. Following his arrest, he provided an honest and detailed account of what he did, how he prepared for it, what he had intended to do, and how his plan to burn down the building failed.

“His motivation for wanting to enter a plea of nolo contendere has to do with his religious beliefs, as those beliefs are completely opposed to the expected purpose and use of the building into which he crashed and planned on burning down. That being said, he does not deny or contest his actions and the charges.

“Based on conversations with (Assistant U.S. Attorney Eugene Miller), the government does not consent to this petition ... [so] the defendant, Philip J. Buyno, respectfully requests that this court accept the petition to enter a plea of nolo contendere and for any other relief that the court deems necessary and equitable under the circumstances.”

According to the probable cause affidavit, Buyno told investigators he was a member of an anti-abortion “rescue group” that prevents abortion clinics from being established.

About 4:30 a.m. May 20, he backed his car into the entrance of the Danville building, which was being remodeled into a clinic. The car was filled with containers of gasoline, wood and old tires that he planned to use to burn down the building, he told investigators.

His effort, which was caught on video surveillance cameras, failed when the car doors became stuck in the debris, trapping him inside, and he was arrested.